CONCURRING OPINION OF JUDGE ALFONSO NOVALES-AGUIRRE I concur in this Judgment on reparations for injuries, based on the precepts of Article 63(1) of the American Convention on Human Rights. If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. Obviously, it is now appropriate to clearly establish the reparations that are the obligation of the State of Guatemala for the violations of Articles 5 (Right to Humane Treatment) and 8(1) (Right to a Fair Trial) of the aforementioned Convention, which were thoroughly demonstrated in the Judgment of January 24, 1998. Right to Humane Treatment 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 3. Punishment shall not be extended to any person other than the criminal. 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. 5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors. 6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners. ... Right to a Fair Trial 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or other nature. I am convinced that an effective investigation of the facts that brought about the violations of the Pact of San José is an apt form of reparations. This signifies that, the establishment of pecuniary compensation in the present case is not, in my opinion, sufficient reparation for the Blake family, inasmuch as it is the duty of Guatemala, as a State, to continue and intensify the investigation warranted by the